BILL ANALYSIS Ó
AB 2336
Page 1
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 2336
(Olsen) - As Amended March 29, 2016
SUBJECT: Teacher credentialing: emergency substitute teaching
permits
SUMMARY: Requires the California Commission on Teacher
Credentialing (CTC) to issue Emergency Substitute Teaching
Permits authorizing the holder to serve as a special education
substitute teacher for up to 40 days for any one teacher during
the school year. Specifically, this bill:
1)Requires the CTC to issue Emergency Substitute Teaching
Permits authorizing the holder to serve in any classroom,
preschool, kindergarten, and any of grades 1 to 12, inclusive,
or in classes organized primarily for adults within each
county in which the permit is registered, provided the
employing agency has completed a State of Need on file for the
school year.
2)Provides that the holder of the certificate is authorized to
serve as a special education substitute teacher for up to 40
days for any one teacher during the school year, provided the
employing has completed a Statement of Need, as specified.
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3)Imposes a sunset day of January 1, 2022.
EXISTING LAW:
1)Authorizes holders of 30-day emergency substitute teaching
permits to serve as a substitute in a special education
classroom for not more than 20 for any one teacher during the
school year.
2)Requires holders of 30-day emergency substitute teaching
permits to meet the following requirements:
a) Possess at least a BA degree from a regionally
accredited college or university;
b) Have passed the California Basic Educational Skills Test
(CBEST); and
c) Have a fingerprint clearance.
3)Requires the employing agency to submit a Declaration of Need
for Fully Qualified Educators as a condition of employing an
emergency substitute teacher. The Declaration of Need shall
include the following:
a) The number and type of emergency permits that will be
needed during the school year;
b) A description of the efforts that were undertaken to
locate and recruit individuals who hold the needed
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credentials;
c) A description of efforts to establish alternative
training options; and
d) A certification that there is an insufficient number of
certificated persons who meet the requirements of the
positions to be filled by the substitutes.
FISCAL EFFECT: Unknown
COMMENTS: School districts need to employ substitute teachers
for periods of time ranging from one day to up to 12 workweeks
for statutory leaves, such as family and medical leave, pursuant
to state and federal law. Substitutes are used either to
temporarily replace teachers who are absent or to fill vacant
positions. Existing law provides several options for districts
that need to employ substitutes for either of these purposes.
For short term needs, districts may employ a substitute with a
short term 30-day substitute teaching permit. To qualify for
this permit, a substitute must have a bachelor's degree, pass
the CBEST, and have fingerprint clearance through the California
Department of Justice and the FBI. The holder of this permit
may substitute for no more than 30 days for any one teacher per
school year in a general education setting, and no more than 20
days for any one teacher per school year in a special education
setting.
The reason for this limitation is to minimize the length of time
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students are taught by a substitute with a short term
credential, because they are the least-prepared teachers in the
classroom. Within 20 days, teachers must begin preparing lesson
plans and undertaking other activities of a regular classroom
teacher, but for which they have no training or preparation. If
a substitute is needed for more than 20 days, the practice
sometimes has been to replace the first substitute with another
one with a short term permit. The purpose of this bill is to
minimize the disruption caused when one short term substitute is
replaced by another short term substitute by extending the time
that a special education substitute may be assigned to a
classroom to 40 days.
Long term alternatives to the emergency substitute permit
already exist. However, districts have other options, and
existing law requires districts to give higher priority to these
other option pursuant to a "hiring hierarchy" (Education Code
44225.7). Two alternatives relevant to this bill are Short Term
Staff Permits (STSPs) and Provisional Internship Permits (PIPs).
A STSP may be requested by a district when there is an acute
staffing need. An "acute staffing need" exists when an employer
needs to fill a classroom immediately based on an unforeseen
need. Examples of reasons that justify the request for issuance
of a STSP are: the teacher of record is unable to finish the
school year due to approved leave/illness; enrollment
adjustments; or as a bridge document when an individual has
satisfied the subject-matter competence requirement but is
unable to enroll in a teacher preparation program.
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A PIP may be requested by an employing agency when there is an
anticipated staff need. An
"anticipated staffing need" exists when a district is aware that
an opening is going to occur and
conducts a diligent search for a credentialed teacher, but is
unable to recruit one. This often
occurs in the statewide shortage areas of special education,
mathematics, and science. However,
an anticipated staffing need can occur in almost any subject
depending upon the site and district.
The holder of a STST or PIP can work up to one full year in the
same position and must meet the same basic qualifications as
the holder of a short term permit. In addition, however, a STST
or PIP holder but must also have completed additional coursework
related to their area of assignment. Also, the district must
provide mentoring and support to substitutes working under these
permits. Thus, the option to employ a substitute for more than
20 or 30 days comes with a responsibility to employ a substitute
with higher qualifications and to provide on-the-job support.
Teaching Permit for Statutory Leave. In addition to the STSP
and PIP, the CTC has recently approved a Teaching Permit for
Statutory Leave (TPSL), which is scheduled to take effect
October 1. A holder of this permit must meet the requirements
of the 30-day emergency permit and also have completed 45 hours
of preparation relevant to the substitute assignment. In
addition, districts must provide orientation, mentoring, and
support to substitutes employed with this permit. This permit
allows the holder to remain in the same classroom for the
duration of the teacher's statutory leave. "Statutory leave"
refers to long term leave, such as family leave, permitted under
federal and/or state law. The benefit of this permit is that it
not only allows a substitute to remain in a classroom longer
than the 30 or 20 day maximum (thus achieving continuity), but
that it also ensures that the substitute have at least some
pre-assignment preparation and on-the-job support. The primary
difference between the TPSL and the STSP and PIP is that the
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former is for leaves of absence (up to the length of time
allowed in law) and the other two are primarily for vacancies.
This bill doubles the maximum time for a substitute teacher with
an emergency permit in a special education setting from 20 to 40
days. The argument for this is that being able to retain the
same substitute for 40 days maintains stability and is better
for the students than the disruption caused by changing
teachers. The problem, however, is that by the time a
substitute has been in a classroom for 20 days or more she is
preparing lesson plans and engaging in other activities for
which she has no preparation or training. This would result in
our most vulnerable students being taught by our least prepared
teachers. In addition, some fear that doubling the time a
district may use an emergency-permitted substitute in a special
education setting may make it too easy for a district to be less
aggressive in recruiting a fully-credentialed teacher.
By doubling the amount of time that may be served by a special
education substitute, this bill provides an alternative to the
other, longer term permits (and to more quickly hiring a fully
credentialed teacher). In doing so, it allows districts to
avoid (1) hiring substitutes with more pre-service preparation
and (2) providing on-the-job mentoring and support. The
trade-off posed by this bill is the additional flexibility for
districts to hire minimally-trained special education
substitutes for a period of up to 40 days (eight weeks) versus
the need to ensure that our most vulnerable students have
teachers with at least a minimum level of preparation.
Additional flexibility is provided by the TPSL, but that applies
only to absences, and not to vacancies. To fill that gap, while
maintaining a reasonable balance between the need for
flexibility and the need to meet a higher standard to special
education substitutes, staff recommends the bill be amended to
delete the requirement to establish a new permit and instead
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change existing law governing the use of short-term substitutes
as follows:
Apply the 40 day option for special education
substitutes only to vacancies, and not to absences;
Require the local education agency (LEA) to file a
Statement of Need and comply with the hiring hierarchy
required in existing law (this ensures the district has
made serious attempts to hire a credentialed teacher to
fill the vacancy);
Require the LEA to provide at least six hours of
training at the time it has reason to believe the
substitute will be needed for more than 20 days, but no
later than the 20th day of the assignment;
Require the training to include classroom management,
developing and implementing lesson plans, implementing the
requirements of each pupil's individual education plan, and
other areas deemed necessary by the district;
Require the LEA to assign a credentialed teacher or
teachers to provide ongoing support to the substitute;
Require the LEA to report to the CTC regarding the
number of substitutes employed pursuant to these provisions
and the length of their employment; and
Provide for a sunset date of January 1, 2022.
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REGISTERED SUPPORT / OPPOSITION:
Support
Association of California School Administrators
California Association of School Business Officials
California Catholic Conference
Kern County Superintendent of Schools
Los Angeles Unified School District
Riverside County Superintendent of Schools
Small School Districts Association
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Opposition
Public Advocates
Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087